STATE Vs. RAJENDER MADAL @ MAMA

JUDGEMENT

(1.) In this petition the State seeks leave to appeal against the judgment and order of the learned Addl. Sessions Judge dated 04.05.2010 in SC No.99/2010.

(2.) The respondent was accused of having committed the offence under Section 376 IPC. It was alleged that the prosecutrix, a minor girl of tender age was admitted in the Hospital and her medical certificate was obtained. The prosecutrix s father s statement was recorded; he stated that his daughter aged 4 years, was playing with one neighbour Kishan on the rooftop around 5:30 PM on the relevant date. His neighbour Chatri Devi brought the prosecutrix who was weeping; on enquiry he found blood on her undergarments. She was unable to disclose anything to her father as she was frightened. In these circumstances, she was taken to Hospital where the prosecutrix s father learnt that she has been raped. The Police investigated the allegation against the accused/ respondent and sent him for trial. Charges were framed. Respondent entered the plea of not guilty and claimed trial.

(3.) The prosecution relied mainly on the testimony of victim and PW-19 the IO of the case, as well as the father s deposition. After considering the evidence on the record, the Trial Court acquitted the respondent of the rape charge. The relevant part of the discussion is as follows: -